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friend, and i like him a lot, but if he's asking us to ar understanding of the due process of law that has established us as a unique light among the darkness in this world, then i have to think through that very carefully. yes, i want to be able to question these guys. no, i don't want them to get all lawyered-up. but at the same time we're a country of laws. i do want our country to acknowledge terrorism when it's obvious terrorism. for example, i want us to say, fort hood, that was terrorism. little rock, the shooting of the soldier outside the recruiting office, let's be honest, let's say that's terrorism. the question is, do we suspend the normal due processes of law, whether it's to these guys, or to you or to me, and to designate somebody as an enemy combatant? that's a tougher one. in fact, it's tough enough that probably the smart thing to do is to bring judge andrew napolitano on board. i know he's got his view of senator lindsey graham's comments. i welcome judge napolitano, senior judicial analyst for fox news. judge, do we designate this guy enemy combatant or treat h
this would issue a statement but that will not happen. they have learned from a federal law enforcement source, at this hour officials are looking for two suspects in the deadly boston marathon terror attack. they are distributing photos of the men to the law enforcement community. however, they are not let releasing the images to the media. one is wearing a backpack and the other appears to have a bag of some kind. earlier today there were multiple reports authorities got this important piece of information from a department store surveillance video near the finish line of the marathon. we go live back to boston, our very own bill hemmer standing by. i understand it, bill, you have seen these photos? >> good evening to you. thanks to my colleague, rick, who you will speak to in a couple minutes on your program here. i have seen the picture and the images, and you can clearly see, you know, the faces of these two persons described in the report rick broke a few hours ago. but with regard to that, sean, you think about theence that wad and was postponed and later cancelled. you think abo
chanting usa and praising the good work of the boston pd and other law enforcement service personnel and first responders who were on the scene, literally risking their lives. this guy and his brother were said to have been throwing grenades at them less than 24 hours earlier, not to mention bombs set off in boston by these guys, according to authorities earlier in the week. and including shots that were fired moments before he was taken. so this man remained armed and dangerous to the very end. again, he is said to be in the hospital today. the fbi said, and law enforcement said he was in serious condition. but dr. cebull was on earlier saying he spoke to the hospital, and they said that is the term now. we are told that he's protected by armed guards. we believe he's been unable to answer questions so far. our chief intelligence correspondent, katherine herage is working this story. what a week. i know it's not about you, katherine, but you worked hard on this story all week and we appreciate you being here on a saturday as well. what's the latest? >> we have as a team, megyn. than
complex. they were screened at off-site facilities so the tests continue and law enforcement sources say they have a person of interest. at the white house, spokesman jay carney says that president obama has been briefed twice on the suspicious letters and offered this update a short time ago. >> the fbi has the lead for determining whether a suspicious powder is a dangerous substance such as ricin and those take place at accredited facilities and take a certain amount of time as the fbi has indicated. you know, these procedures are in place and they're in effect and in operation now and we're in the midst of that process that the fbi is undertaking at this time. >> there's also today security activity here on capitol hill. officials not taking any chances in light of recent activity, both here and also in boston, and a suspicious package was delivered to the office of alabama republican senator richard shelby who was checked out by authorities and told we were given an all clear a short time ago. the bomb squad was sent to the nearby heart center office building. a loud speaker told sen
failed to pass background checks. five democrats even voted against the new law. all of them from progun states why did the background checks fail. sane people stopped from buying guns. every sane person knows that checks will not keep guns out of the bad people. they will buy weapons illegally. if the president were really serious about protecting malcolm jenkins from gun violence he would federalize gun crimes and attach a criminal justice component to the gun check legislation. here is what mr. obama should do. registering firearms should be in this country. use the gun in the commission of a crime, 10 years. law abiding people with guns are not the problem. so let's give the police a big advantage. if the cops even find unregistered gun by a stop and frisk, something like that. it's a felony. that would take gun criminals off the streets fast obviously drastically cut gun violence. president obama's gun legislation is targeted, pardon the pun at law abiding people. not criminals. and that's the reason. he isn't getting anywhere. some stats to back my opinion up. 2011 the fbi reports
more questions than answers ton. joining me now to explain what is next for law enforcement officials, former l.a. pd detective mark furman is with us. mark, we don't know who or why, but when i heard there were two debt nations after we had the one, and one and then another one 14 seconds later, then the police found two other explosive devices and maybe as many as five others, as the wall street journal says. we haven't confirmed that yet. this seems to fit a pattern of a group. where does your mind go as a detective? >> first, it's terrorism regardless if it's domestic terrorism with a middle east ideology or connection even in spirit and not physically. you know, you look at in, sean, luckily we have electronic surveillance. >> visual equipment almost this everybody's hand. that will be a huge tool in this investigation. the bombs are going to be a huge tool. but they make bombs a certain way in the middle east and they teach their bomb makers to make them in a certain way and these are certainly anti-personnel bombs. they are not intended for vehicles or buildings. these are anti
have the right to romaine silent. anything you say can and will be used against you in a court of law. this is what is infuriating. he's just beginning to communicate. what information does he have? is there an ongoing threat he knows about? is there foreign connections, foreign links we don't know about? are we going to give him miranda rights at this point in time? go ahead. >> it seems like we've got plenty just on face value to actually prosecute him. we don't really need an admission. but to advise him of his miranda rights, we hear that he was advised today of his miranda rights. how did he respond? did he say he wanted to remain silent or did he waive that and he wants to talk without his attorney present? the interesting part about miranda is once you give somebody miranda they say i want to be silent, you cannot constantly go back to the well and keep asking them do you want to talk now, do you want to talk now? they have to contact you to make it within miranda. outside of miranda you can say, well, off-the-record, outside of your miranda warnings, things that we can't prose
suspects either being identified or being in custody is because these photos began circulating among law enforcement and there was confusion about whether or not there had been arrest but about the fact that there have been suspects or persons of interest who have been identified or at least isolated by law enforcement. >> bill: so you have seen the photos, rick, and based on the imknowledges you saw, how clear are the faces on these photos? >> they are pretty clear. there are multiple angles and you can definitely see their faces. and i hope and i believe that law enforcement using those photos can positively identify the men and whether or not they're the men who are actually responsible remains to be seen. >> quickly, rick, we have also learned earlier tod that investigators found more possible parts from the bomb. what's different today than from last night on that? >> well, you know, we know that these crime scene technicians have been on scene on boilston street for days now, collecting evidence, including apparently the lid from a pressure cooker that blew up on to one of the roof
. first responders i can tell you that there are first responders and law enforcement here from all over the place. i have heard police officers and firefighters from all different small towns in z.cities some have never heard of in this area but they're here and are pitching in for help. it's chaos, one challenge is just trying to coordinate and organize everybody who is here to help. there is a lot that needs to be done. >> and take us back to 8:00 tonight. tell us what happened. do we know details about why this happened?. >> right. well, my understanding is that there was a fire that was at this fertilizer company. first responders went to respond to that fire and a little bit later on it rekindled and the blast happened. and what changed from when that fire initially happened to the blast i'm not sure. it's been all about trying to respond put out fires so as far as the cause i'm is that your will come out later. >> i know with any breaking news situation the details are slow and forth coming but we're getting reports of injuries possibly death tolls do you have information you can
. >> what are your thought as we look at how this unfolded. my hat goes off to law enforcement. we can only hope they will get the information as this goes forward. >> all week log, i am overwhelmed at the public support, the cooperation between the public, the law enforcement and the media and the way the word got out and the outpouring of help. i think back to the times i was working on the unabomb and atf and postal inspection service and working in the mountains of western north carolina, on the olympic bomber, eric robert rudolph. one of the things that came back to me as i thought about those days and i watched these people in action, they worked hard all week. they are exhausted. the people of boston are composted. and tonight, they show the world and set an example what have america's all about in the face of tential tragedies. i also think back and can't help but to wonder and think about the fact we are sitting here on top of april 19, april 20, these are significant days to anyone who has worked terrorism. this is the anniversary of the oklahoma city bombing in april of 1995. it
will not be treated as an enemy comment bat tant. >> shepard: some republicans say the u.s. should use the law of war. >> you don't want to turn over intelligence gathering to it a criminal defense lawyer and the terrorist. >> shepard: investigators say they want to question the older brother's widow. one friend calls her an all-american girl and accuses her husband of brainwashing her. >> shepard: plus friends and family say goodbye to the girl with a heart of gold. and one week later the nation stops to remember. >> shepard: and good evening from fox news, one week later, the feds have charged the suspect in the boston marathon bombings with using a weapon of mass destruction. charge that could get him death. officials say prosecutors and a judge went to the suspect's hospital room today to formally charge him with the attacks that killed three people and wounded close to 200 others. according to the criminal complaint here. surveillance videos shows the 19-year-old on the cell phone before that first blast. goat, a few seconds after he finishes the call, the large crowd of people around him can be
only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land security january elt napolitano. we showed an older brother, this tkhaou owe, that is secretary napolitano. we just sh
. that got law enforcement zeroing on the two brothers. bill: mike, we're trying to piece this together as best we can but what can you tell us about the reports that the fbi is questioning him today from his hospital bed? >> reporter: all of that goes back to a "usa today" report citing anonymous sources. the sourcing is not as tight as i would like but certainly a significant development. we know he has been sedated. he has a injury to his neck or jaw, a bullet wound to his neck or jaw that prevented him from communicating. 9 report says he was roused back to consciousness and providing things in writing and providing substantive answers to questions. we know from the information he is providing that indicates there is not a larger network and not a second wave of bombings to be feared, bill. bill: mike, thank you. we'll be back with you when there are more headlines from boston. mike leading our coverage there martha. martha: we are hearing the police chatter when police first spotted dzhokhar tsarnaev hiding in that covered boat. massachusetts state police released the stunning infr
. it all goes back to "usa today" report citing anonymous law enforcement source but if the information hashings out it is certainly significant, the fact he is able to communicate with investigators by writing. he can't speak because as you mentioned there is a gunshot wound either to the neck or jaw or both but he is able to write according to this report and the answers providing to questions are described as substantive. what know from the information the answers he is providing indicates there is not a larger network. there is not a second wave planned or a wave people should be fearful of connected to him. again the information, the sourcing on the information just doesn't give me a whole lot of confidence, jenna. jenna: we'll take that interest consideration, mike as you've been on the ground there for the past several days. we see the flowers behind you and tell us where you are and when will the area around the blast site be reopened to the public? >> reporter: this is copley scare and you see another makeshift emmoral. so sadly these at that are common building up behind us. t
imagine? >> it is better. >> reporter: a little sampling of people relieved here in watertown as law enforcement officials are heading out of the area and, once again, you hear the crowd breaking into applause. guys, back to you. >> lily, thank you very much. >> we have been given word from watertown police they asked the media at the scene where all of this happened where you are watching the excitement come back to the location at the watertown mall where they will be holding a news conference in a moment. a number of things we are waiting to learn. first of all, how this went done and whether they believe there were other suspects. there were other bombs on scene and is there any reason to believe that people may have been involved. we were informed earlier they he took two males and a female into custody for questioning. they were not considered suspects at the time. people being brought in for questioning and it is our understanding that questioning has tenned throughout the night. the long and short of it tonight is the second of two suspects in the bombing of the boston marat
. they worked with canadian intelligence and u.s. national security and law enforcement officers to interrupt this alleged plot in an 8 month investigation code named project smooth. they said the plot was detected early on and neither american nor canadian citizens faced any imminent threat as a result. u.s. officials told fox news the defendants' objective was to blow up a bridge in the tore torrent area tornted while the plane was traveling over it mounted police told reporters today that they took steps to advance the plot including allegedly conducting own surveillance of trains in the greater torrent area. tornt area. >> the individuals -- >> now i can tell that you there is no information to indicate that these attacks were state-sponsored. >> the arrest took place in montreal and toronto this afternoon. search warrants were he can executed late today. beyond the fact that neither man is a canadian citizen the nationalities were not disclosed. however, a word press account established by one of them and taken off line listed him as to your knowledge born engineer trained in industrial
police are also serving on the scene. there simply could not be a stronger concentration of law enforcement personnel anywhere in the the country right now as there is in the small blue collar town of watertown, massachusetts that find itself so in the middle of the focus this morning. you have to believe that folks felt that the worst of this had taken place on monday at that finish line, and those two bombings that left 160 people injured and three people dead, but last night it exploded in a whole new way, an explosion, a car chase with these two suspects after a quick stop at a 711, they carjacked another man, stole his mercedes. thankfully they spared his life. he was pushed out of his own car, he ran into the 711 and said they are trying to kill me. the people in the 711 thought that he was drunk until they finally realized that he was just in complete shock and was indeed revealing to them that he had literally just been in the car driving around for 30 minutes with these two suspects. what a harrowing experience that must have been for him. then tamerlan the older brothe
in a major city. yet you don't have a single law enforcement official notifying or notifying the public. that might be seen as discipline or might be seen as a hot investigationed that the fbi does not want toet in the way of. once you go public, this thing is going to take off. when they named richard jewell in the summer of 1996 at the atlanta olympics in georgia and how his life was chang forever. they are being careful outhis. one would even suggest that they have been disciplined about the amount of information they have given out. remember, eric, there has been enormous pressure on these investigators to put out something and to do it the right way. >> kimberly: bill, we are also just getting this in to our newsroom that the fbi is stating that they are going to also release still photos of the suspect inddition to the video. that's a new development. that doesn't surprise me at all. i would expect that in addition to the video and what we call in the tv business frame grabs of these individuals we have the more complete picture now about where this investigation is you will have
in the area and actually heard those shots fired and moments later a rush of law enforcement, the scene on franklin street which is on water town. it is a residential area. and you can see there are a bunch of homes right there that are very close together. very active scene. >> shepard: right now in downtown boston there are police and swat vehicles as you can see streaming in that direction. i see two men in the front of that. and they are flying past a large swat headquarters has been down here and they are all headed right this minute toward watertown getting straight on to the highway and in that direction. we can't know yet what the reports of gunfire are. you can see from fox 25 in boston, this is the same area that has been cordoned off all day where 20 blocks of town were shut down for the day. it's it the spot that began the lockdown of boston first we know in the history of this city where people have sheltered in place all day. the drive in from the airport all day. as if there was a holiday for all religions and no one was moving on any street. the drive from the airport to
, everyone. thanks for sticking with us. i'm greg jarod. >> at that press conference, greg, they said law enforcement sources, we are exhausted, folks, we are exhausted. >> everybody is emotionally exhausted too. >> i hope they are getting some rest. the officers actually cheered as the suspect was taken into custody in watertown, massachusetts and so did all of the people standing around. just before 9:00 last night residents flooding the streets , some chanting usa. here is a photo from our sources within the atm -- atf of atf medics working on the suspect under first on the ground and then in an ambulance. boston's police commissioner says the suspect, 19-year-old jaw car tsarnaev is in critical condition. >> we always want to take somebody alive so we can find out what happened and why it happened and we can hold them for justice. >> we have live team coverage, continuous coverage. mike tobin is live at the scene of the take down in watertown, mass and adam howsely is at massachusetts general where the suspect is being treated. adam, let's begin with you. >> greg, you mentioned about
procedure when the macials take control. before that, it was local law enforcement and the fbi. so the marshalls will be in charge of him, until he is well enough to leave here. once that happen, he will fly out via helicopter, like whitey bowlser did. they feel like that's the best way to take him to his federal holding cell. how that went down today with the arraignment in his room, the federal magistrate was there, a public defender was there. he mostly answered with nods. obviously, he didn't speak a lot. that could be because there are reports of an injury to his neck. the fbi said neck/head region and to his leg and hand. he in serious conditionful he answered questions by nodding. he did say one word, when they asked him if he could afford a defense team, he said no. that's basic lite only words he really did say. the judge asked if he understood what was happening. his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get
to the apartments in revere. and federal law enforcement, this hour, an indicator he may not be of great investigative e was here on a student visa and didn't provide any hits on a phone terrorist watch list. >> megyn: thank you. >> reporter: you're welcome. >> megyn: tiny pieces of shrapnel may provide biggest clues in the hint for the boston bomber, not long after the blast we heard another piece of key evidence would be the video of the explosions themselves, including the white smoke seen rising after the explosion, that tells us something. experts say it suggests that local products and not military grade explosives were likely used. also, the large pieces of the metal flying, we spot-shadowed them here and we now believe pressure cookers were used to build these bombs and the devices may have been placed in black duffle bags and possibly put on the ground or in the trash cans. my next guest is one of the foremost explosives experts. first working on an army-- as an army bomb disposal technician and special agent with the fbi, here you see some of the investigations in which he too
police denying earlier reports that they have made an arrest. >> i can confirm through federal law enforcement sources that photos are being distributed of two men who are considered persons of interest in this case. these men have apparently not been identified by name. but authorities are definitely looking for them. they want to talk to these men. they may have been involved in this becoming. >> there's no current indication to suggest the attack was indicative of a broader plot. >> bomb components from the crime scene are now at a crime lab in quantico, virginia where they are being analyzed for dna fibers are. and fox news is also told the circuit board has been recovered, a sign that it was some kind of cell phone detonation, and that other components are relatively intact. >> this is a fox news alert. right now the fbi is look for two persons of interest in the boston marathon bombing. police have photos of the two men and fox news senior correspondent have seen those photos. he's live in boston with the the very latest. rick. >> greta, we are being careful about how we desc
it is stating the obvious, but federal law enforcement does believe what is going on around mit may be related to the bombings on monday. and i am being told local police in the boston area may have arrested someone with, quote, similar features as one of the suspects from the monday bombing. >> mike do you know if the features reflect suspect number one or suspect number two? >> i don't know that. continue. i'm sorry i interrupted you. >> i was just told how the situation unfolded tonight was earlier at a 7-eleven there was a carjacking or robbery and local police responded. when one of the officers got on the scene he was shot and i believe he has now died. there was a subsequent chase and while police were chasing the suspects, the suspect was throwing explosive devices at the chasing officers and that's how we got to where we are now. >> this campus police officer, was he connected with the 7-eleven, mike? >> i believe he was actually an mit campus police officer, but i am not sure of that. >> do we know if he is -- has he died from his injuries? >> i believe ad -- dash i was told the offi
away what he say. i talked to one law enforcement official that has a little built of concern. and the concern is this, that we are finding more and more about his older brother, who obviously went overseas. there's questions about how he trained and he was somebody who was a manipulative personality. withwe are learning how he tookr of his wife, and by some reports pushed her very strongly to convert etch obviously is somebody, as we are hearing reports about his nature you are, was someone who was somewhat aggressive. the worry about a couple law enforcement folks i have spoken to is the younger brother may not have as much information as the older brother would have had. that's something they will learn as we go forward. but now that he's been mirandized, that changes everything as. we. >> adam, thank you. after the fire fight and after running over his brother, he took off. a homeowner sent swarms of police race to go a backyard and suddenly bomber 2, dzhokhar tsarnaev, was surrounded. listen to the dramatic reports leading to his capture. >> a report from watertown of 67
suspicious packages or parcels or suspicious activity to local law enfor -- enforcement. bill: the governor has been very public. so too has the mayor of boston, tom menino. you would expect that too. the chief of emergency services from massachusetts general hospital he was describing late last night the carnage was something you would expect to see in a war zone but not boston, massachusetts. >> absolutely. this is like a bomb explosion that we hear about on the news in baghdad or israel or some other tragic place in the world. bill: listening to him describe what he saw arrive at his hospital last night, it was chilling. mike tobin is at massachusetts general. mike, what is it like there from what you are hearing about what it was like when the patients arrived? good morning. >> reporter: you know it was just a matter of minutes bill, until the injured, particularly the severely injured started coming to massachusetts general. quickly this became ground zero for the critically injured. >> you know at that point we didn't know if, that did turn out to be the tip of iceberg or if that was
with armored soldiers or law enforcement officials with assault rifles. we've seen the blackhawks. we've learned the blackhawks are part of the massachusetts natural guard. they're used for transport. we've seen them in the last 15 or 20 minutes passing over. this is very active, and if this guy has been up as i have when i first started to pursue him at 11:00 last night, he's tired. he may be getting cornered in the final 30%. this is very dangerous. on top of that, we know from the controlled explosives that has happened in the last few hours that there are explosives out there. i just want to remind people. while it may look calmer in the scenes we're seeing today, the scene that i rolled up on here behind some 30 or 40 law enforcement officers, everything, fbi, swat, atf, boston police department, everything right into the blocks behind me about three or four streets, and it was aster phying a gun 5 as i've ever seen in iraq or afghanistan. this is a very violent individual, just like his brother. he is feeling perhaps more cornered and tired. it is imperative that they listen, th
and not come to the conclusion that law enforcement in general, the fbi in particular as the lead agency, did a terrific job in terms of responding, of gathering evidence, of controlling the scene, of dealing with all the outfall of all of this. and ultimately in very quick fashion identifying and arresting the perpetrators. >> we live in that 24 csi, ncis world where people believe it's so easy. you just pump the information into the computer and you have all the answers. >> that's unfortunate, megyn. and now comes the really difficult part, and the part of the investigation where people need to be patient, because the fbi and the rest of the intelligence and law enforcement community will turn inside-out to identify any possible additional suspects and subjects, to determine all the activities of these two guys. the net will be cast far and wide. and every lead will be uncovered. and we need to have some patience to allow them to do that. because this is not "csi," this is the real world. >> steve, thanks so much for being here. >> you're welcome. >> all the best to you. >> thanks, megyn. >
in boston as an scuse because our law toughens i think things up. >> the senate bill would have multiple background chengs and make sure anyone over-staying a visa would be detected. right now, there is no check on airport departures. as for those who came without visas, lindsay graham says this. >> now is the time to bring all the 11 million out of the shadows and find out who they are. most of them are here to work. but wree may find some terrorists in our midst who, have been hiding in the shadows, when it comes to the entry/exit. the 19 hijackers were all student who is overstayed their visas and the system didn't capture that. >> the senate holds the second two of hearings on immigration reform tomorrow. >> it will be very interesting. an emotional ballgame in beston last night, after a week of terror. >> shannon: a yesterday's home game was made more special by neil diamond, who made it there on the red-eye. members of law enforcement, first responders and marathon participants were also honored. david ortiz had a passionate rally cry. >> it doesn't say red sox, it says boston... w
and run database checks and law enforcement intelligence indices, reach out to allies and let's say there wasn't much there, they he work with the fsb. >> used to be called the kgb. >> the rough equivalent of the fbi for russia. >> but we do admit one thing. we a game changer now. we to go after every bit of this information and track it down and be on top. the patriot law we got to start looking at people's computers, the internet. we got to start changing. >> geraldo: at least when you question a guy you put him on a list and when comes back from russia after is six months say hey, where have you been, man? we'll be right back. it doesn't matter where a good idea comes from, it only matters that it shows up and makes things better. in that spirit, verizon is proud to announce the powerful answers award. 10 million dollars in prizes for the beseas. s so big, they have the power to change everything. whether it's our inspiration, or yours, the world's biggest challenges deserve even bigger solutions. the powerful answers award from verizon. starts with ground beef, onions and pepper
dangerous. no one should approach them. no one should attempt to apprehend them except law enforcement. let me it rate -- reiterate that caution. do not take any action on your own. >> bill, the fbi has already processed thousands of leads and tips and no doubt will get many thousands more. >> indeed. and they are set up for that, we do believe, rick. anything else about these people that people, rather, should pay attention to that you are hearing? >> absolutely. everyone should look at the hats these guys are wearing it's possible that they bought them for that day, monday the attack at the marathon. they should look at the jackets they are wearing. look at the walk. the ones guy's walk might be distinctive to someone as you see them coming down the street. people should remember why the fbi is hunting these two and one of them, again, you can clearly see his profile in one of those photographs. and, by the way, all of those photographs, videos that have been submitted, some people may not have submitted pictures that they thought would not be valuable to the investigation now seeing thes
and trying to fight for his life at a local hospital. >> let me tension comention acca law enforcement source they are looking whether or not the bombing suspect may have been from overseas and may have had overseas military training. that coming in from mike lavigne over at the justice department. has been covering this all along. >> we want to go to mike tobin who is in the middle of the scene in watertown all night. he joins us live with the latest. >> a short distance from where the bombing was 10 minutes by car the mit campus there was a probable brie at a bsh bsh robbery at a convenience store. gun fire erupted. there was u tube video. this is what it looks like. (gun fire) (gun fire)>> there >> there's explosions and gun fire going on down the street. (gun fire) >> and bear in mind, in that exchange of gun fire a campus police officer with the mit campus lost his life. he was struck by a bullet and we have report that is his gun was stolen. what followed was a high speed c chase for five miles in a stolen mercedes suv. through out the process explosives were hurled at the car at the pu
it with a constitutional law attorney and former deputy assistant attorney general under president bush. he joins us now. i wasn't even aware this could be done in national security cases. tell us about how it works. >> sure. it's a rare exception. basically what it does is it allows law enforcement to delay issuing a suspect his miranda rights for a limited period to enable law enforcement to get information that would be relevant to public safety. for example, in this case one of the things we want to ask this guy is: is there another attack that might be imminent? who are you working with? are you part of a larger network? questions aimed at making sure public safety is protected, making sure we get any information that is time sensitive right now before he lawyers up and doesn't want to talk with us anymore. >>alisyn: we know that is vitally important because apparently the suspect planted other pipe bombs or explosives, at least, along the chase route. so they somehow knew that when they were trying to get away they had even, you know, planted other things to try to hurt and inflict more harm. so thi
step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit their questions to asking about that, and they won't be able to ask those questions until he actually comes out of surgery and is aware of his surroundings. >> that's right. >> and mentally competent, right? >> the questions you would ask, right, you do h
-qaeda. any indication from your law enforcement sources that they have any suspicions at this point? >> what i hear at this point in time is they can't rule anything out. it's way too early in the game. they have to look at this device, they have to look at how it is built, they have to look at how devices over in the middle east were built and have been utilized. and pressure cooker bombs have been used in the middle east,@% especially pakistan. they know that. but they also, as i said, it's a very common bomb, if you will. so they have to look at everything. as one person said to me, what was the message of the bomber? what were they trying to say? it's very hard to rule out for anybody at this point in time, the date. it was tax day, it was four or five days before the anniversary of waco. it was patriots day in boston and this was a celebration that was honoring the newtown victims. there's a lot of american, if you will, symbolism around all the elements of the bombing that all the investigators are looking at right now. they start with the forensics, they start with the components and
at advaircopd.com. bill: breaking news now on the fox news channel. fox news reporting now a second law enforcement official saying that the fbi is in fact talking about whether or not to release images from video of one or possibly two suspects in the boston bombings. at the moment this is what we can report. there is a vocal contingency within the fbi discussing, sometimes debating or even possibly arguing against releasing such photos, because as the official puts it, there is still a lot of groundwork done, quote, under the radar. continuing with the report, officials say in one video you can quote, pretty clearly see the man's face and it is rather compelling stuff. we're getting that information with us here in boston this morning. there is no briefing scheduled. it was on yesterday. it was off. it was on again. it was off again. late last night boston police tweeted on their twitter feed there would be a statement from the fbi at 8:00 p.m. eastern time. ten minutes later, the boston police department said, that statement has now been canceled. clearly there is internal debate. ji
? >> reporter: well, we know that federal law enforcement officials are telling fox that they do have images, and videos that they have been scanning and carefully scrutinizing, and they do have, they are telling fox, video of a possible suspect placing at least one of the devices at the scene, and there is debate within the law enforcement community and within the fbi have whether or not to release that video to the public, a debate obviously over whether or not it will serve their purposes and the ultimate goal of catching the man or men responsible for this attack. so, we know that there is video, and there are images, that are a possible suspect, and the question now is when or if we'll ever see those images. jenna: we'll be back to you with more development as they come, rick. thank you so much. >> i don't know how many folks may still be trapped in rubble. they have not been able to give me much more on the damage, other than to say that there is a significant area around the fertilizer plant that has been destroyed. homes have been destroyed. there are homes flattened. part of that co
the suspect is. i mean, no shortage of police here. it's incredible the amount of law enforcement presence that is here to watch this, what appears to be final act play out. >> yeah. that's right. it's incredible because we are outside the perimeter that was searched all day long. i mean those 20 blocks in watertown and cambridge that he we were telling you about all day long. that was over this direction. but this is over here. so, if he was here all day he was outside the perimeter where the police have been searching for him all day long. i find that really interesting. right after the 5:30 press conference that where the state police said well we didn't get him, we're going to start pulling things back, almost immediately, i'm talking like within half an hour, we hear the gunfire and then everything starts erupting over here in this direction. now, we did have a camerthat we moment that those explosions were going off, and we hope to be able to turn that around for you fairly quickly. we had to move our live truck. we had to move all kinds of things, folks so please bear with us. we ar
will prosecute this terrorist through our civil system of justice. underu.s. law, the united states citizens can not be tried rather in military commissions. martha: but house armed services commission buck mckeown argues that the white house should reconsider. he says, quote, it seems premature to declare that we will not treat tsarnaev as an enemy combatant since we don't know about his affiliations. clearly american citizens must be tried to civilian court, but the same citizen viciously attacked his countrymen, should be exploited for his intelligence value before any trial begins. that will be a debate that rages on for some time on this issue. we'll talk more later in the show with former new york city mayor rudy giuliani. bill: looking forward to that coming up here. meanwhile the feds want to talk to the widow of the suspect, tamerlan. she is mother of 3-year-old daughter between the two. the her lawyer said talks are underway with the feds how to proceed with that. he revealed on the last day tamerlan was home when his wife left for work. martha: well the officers who capturedded dzhokh
for many here, in fact, the hospital still has a number of law enforcement behind me right now, there's four by my count. every single entrance and exit, every single way you can get in or out any of the hospital buildings here, this is a large campus, beth israel, has thofrmts also inside the hospitals as well. we're told that on the floor where the suspect is located, there's also a law enforcement as well as near his room. that, of course, will be the case until he's taken into more of a custody once he's had recovery. they want to have that investigative purpose go forward, have the opportunity to interview him. number one priority at this hour is to ensure that he survives so they will have that chance hopefully to get an interview with him. we do know at least one injury was suffered during that initial shootout that happened when his brother was killed. but he may have actually had both injuries. we don't know exactly, one of them for sure was back at that point. again, at this hour, we remains in serious condition behind me in the hospital. there is security all around beth is
, to the legal process ahead of us. with me former united states attorney general the nation's chief law enforcement officer michael mukasey who is chief judge in the southern district of new york and presided over the blind sheik trial and the jose padilla case. we heard that there will be no charges filed against the younger brother dhokhar. how long can the justice department wait to file charges? >> they can wait really as long as they like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. but they have got so much evidence including his own confession to the person whose car he carjacked that the likelihood that they need any statement from him as evidence in the trial is remote. >> judge jeanine: and you know, judge, a lot of people have been talking about miranda and the public safety exception. i don't want to spend a lot of time on that. when the police announced that the public threat was over, once dhokhar was taken into custody, then, you know, doesn't that suggest that the public saf
in statements from some of the lawen -- lawen lawen -- law enforcement investigation agency. we will see if he was already mirandized or going to, but my thought is they are proceeding to the public safety exception. >> he could get the death penalty underfed rail law. >> but not in the state of massachusetts. they do not have the death penalty. the federal charges will trump and precede any of the state prosecution. those are what he is looking at. as an alternative life without the possibility of parole. even if he proceeded byway of the jury trial they could have that option in the penalty phase. my thoughts are he will through his representationwork d if the feds go for it, he will get life without possibility and go to florence, colorado to the supermax. >> what did you make of this announcement? from the white house podium, i would have pushed those questions to the fbi and the department of justice, but they decided to do it from the white house. >> i think the white house is there trying to figure out themselves how they handle this. they clearly -- look, let's put it this way. the fbi
combatant or enemy belligerent for purpose of evidence gathering. >> under the law of war there's no right to legal counsel when you're being questioned for national security purposes. so i hope the obama administration will allow that exception and they have a very bad track record here. >> the white house telling reporters it would try tsarnaev in federal court and no other options were considered. >> this is matter decide ode by the attend of yates and the attorney general. the whole national security team supports this decision. >> to bring it down for you, the confusion comes over the venue. there is no way under the military commissions act to try an american citizen at the military courts in guantanamo bay, but if a sed threshold of evidence was met, if there was evidence that the brothers were directed by a foreign terrorist organization that would call for enemy combatant status. >> we have been talking about the trip to russian that the older suspect took. it's my understanding you learn more about the trip. >> fox news was told that russia's equivalent othe fbi isn't a letter to
our civilian system of justice under u.s. law the united states citizens cannot be tried in military commissions the. >> bill: well some constitutional experts dispute mr. cancery's statement if you partner up with a foreign terrorist organization you become part of that. it's about interrogation not about trial "wall street journal" has by far the most section tonight left one bomber dead, one police officer dead and other bomber gravely wounded. joining us from boston brian bender "boston globe" reporter and craner. let's pick it up ms. cram kramer with the two suspects in cambridge around 10:00 p.m. thursday night. take it from there. >> yes. that's when the chaos essentially began. what happened was they come upon officer sean collier, for reasons we do not understand yet and may never understand they open fire on him. the word that has been used for that was an assassination by police. police have called it an assassination. from there, they move to hijack a vehicle from a man who was driving a mercedes bins. they take the vehicle and drive it into water town. they release the m
dzhokhar, aka, human garbage, will not be tried as an enemy combatant in response to enemy law i can makers to call it information gathering purposes. he is carney jie. he will not be treated as an enemy combatant. we will treat it through our system of justice. united states citizens cannot be tried in military commissions. >> can i see the mike tobin thing again? never mind. a leading republican senator says there is a legal option to declare dzhokhar, aka, [bleep] face an enemy combatant. >> under the law of war there is no right to legal council when you are being questioned for national security purposes. i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> cane see mike tobin again? >> 10 seconds later the second explosion goes off according to the fbi at the location where he dropped his -- please don't do that, where he dropped his knapsack. shepherd? >> the only bright spot in this whole thing. ambassador, is it a mistake not to label him a combatant? can we still an interrogate him? >> there is a choice that h
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